FAQs – Workers’ Compensation

Learn What You Need to Know about Filing for Workers’ Compensation with These Answers to Frequently Asked Questions (FAQs)

While each state has its own workers’ compensation laws, there are certain aspects of protecting your rights as an injured worker that apply across the board. If you were hurt at work and need to file for benefits, these workers compensation FAQs will help you get started.

Workers Compensation FAQs

Q: How do I know if I am eligible for workers’ compensation?

In nearly all states (Texas is one notable exception), employers are required to carry workers’ compensation insurance to cover their employees’ job-related injuries. While some employers are exempt, as a general rule, if you receive a regular paycheck from the company you work for, there is a good chance that you are eligible for workers’ compensation. You can use our State Workers Compensation Resources to find out the specific eligibility criteria in your state; or, you can contact a local attorney to discuss your legal rights.

Q: How much can I recover for my work-related injury?

In most cases, workers’ compensation provides two types of benefits, medical and disability. Medical benefits cover the costs of diagnosing, treating, and rehabilitating your work-related injury. Disability benefits provide partial coverage for your lost wages (also referred to as “partial wage replacement”) while you are unable to work due to your injury.

The specific amount you can recover will depend on a variety of factors, including the extent of your injury, how long you will be unable to work, whether you can work in a different job, and how much you were making when you were injured. Also, different states have different disability benefit rates, and you will need to make sure that your employer’s insurance company does not cut off your medical benefits too soon. If you stop receiving medical benefits before you are fully recovered, you may need legal help to make sure you receive the full benefits you deserve.

Q: What does it mean if my employer is self-insured?

Employers can cover the costs of their employees’ work-related injuries in one of two ways: (i) they can purchase insurance from a workers’ compensation board or a private insurance company; or, (ii) they can “self-insure” for their employees’ injury claims. If your employer is self-insured, this simply means that it must pay your benefits directly.

Q: Can I file for workers’ compensation if I caused my own injury?

Yes. Workers’ compensation is a “no-fault” system. This means that you can claim benefits even if you caused your own injury. There are certain exceptions (for example, if you were intoxicated when you injured yourself, you may not be eligible for benefits), but most work-related injuries will qualify you for workers’ compensation regardless of how they occurred.

Q: Can I file for workers’ compensation if my employer was not at fault in the accident?

Yes. The “no-fault” nature of workers’ compensation also means that your employer must pay regardless of whether it caused or contributed to your injury. While many job-related injuries are the result of safety violations and other forms of employer negligence, it is not necessary to prove negligence in order to receive workers’ compensation benefits.

Q: Can I see my own doctor after a work-related injury?

Maybe. The answer to this question varies from state to state. In some states you can see your own doctor right away. In others, you may need to choose a doctor from your employer’s list of preferred or approved providers.

Q: What if my benefits don’t cover the full cost of my injury?

Many employees are surprised to learn that workers’ compensation benefits are not designed to cover the full cost of their accident-related injuries. While your benefits should cover all of your injury-related medical expenses, they will not cover all of your lost income, and they will not cover the various other financial and non-financial losses (such as pain and suffering) that can result from a serious traumatic injury.

If your workers’ compensation benefits are not enough, you should speak with an attorney about filing a personal injury claim. If a third party is to blame for your injury (or if the circumstances are such that your employer is not immune from a lawsuit), a personal injury lawyer may be able to help you recover full compensation for your injury-related losses.

Q: How do I file for workers’ compensation benefits?

In most states, filing for workers’ compensation starts with reporting your injury to your employer. Note that reporting your injury is not the same as filing for workers’ compensation – in most states this is a two-step process. Your employer should provide you with the information and forms you need to file your claim. If it doesn’t, you can contact your state’s workers’ compensation agency or speak with a workers’ compensation attorney.

Need More Answers to Workers Compensation FAQs?

If you need more answers to workers compensation FAQs, you can browse the other resources on WorkInjurySource.com, or you can request a free consultation with a local attorney. You can browse our directory to find an attorney in your state, or send us your contact information and we will refer you to an attorney in your town or city.